On October 31, 2011, the Commission issued an order rescinding portions of its exclusion order in Inv. No. 337-TA-629, Certain Silicon Microphone Packages and Products Containing the Same (“the 629 exclusion order”). The Commission based its decision to rescind portions of the 629 exclusion order on a subsequent ruling in Investigation No. 337-TA-695, wherein some claims of the same patents that formed the basis for the 629 exclusion order were found to be invalid in view of prior art previously not considered in the 629 investigation. The Commission confirmed its authority under 19 U.S.C. § 1337(k)(1) to modify an exclusion order when the Commission determines that the circumstances supporting the remedial order have changed. The Commission concluded that, because valid patent claims are a predicate to an exclusion order based on patent infringement, a determination that the claims at issue are no longer valid can justify modification of an exclusion order. The Commission cited to two prior investigations – Inv. Nos. 337-TA-75 and 644 – where exclusion orders were modified by the Commission after subsequent district court invalidity rulings on the patents that formed the basis of the exclusion orders. The Commission found no distinction between a subsequent Commission finding of invalidity and a subsequent district court invalidity finding.